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  • Course Notes: Constitutional and Administrative Law

    by John McGarry ...
    Series series Course Notes
    Course Notes is designed to help you succeed in your law examinations and assessments. Each guide supports revision of an undergraduate and conversion GDL/CPE law degree module by demonstrating good practice in creating and maintaining ideal notes. Course Notes will support you in actively and effectively learning the material by guiding you through the demands of compiling the information you ... Read more

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    Covering all of the substantive grounds on which a claim may be brought, this definitive new work provides unrivalled analysis and guidance on the law of judicial review. Written by three experienced practitioners, Judicial Review: Principles and Procedure includes chapters on the most common grounds for bringing a claim, such as procedural fairness and irrationality, but also covers emerging ... Read more

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  • Anonymous Speech

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  • Assessing Constitutional Performance

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    From London to Libya, from Istanbul to Iceland, there is great interest among comparative constitutional scholars and practitioners about when a proposed constitution is likely to succeed. But what does it mean for a constitution to succeed? Are there universal criteria of success, and which apply across the board? Or, is the choice of criteria entirely idiosyncratic? This edited volume takes on ... Read more

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    This study investigates the relationship between gun ownership and democracy, exposing the dubious claims of the NRA and other gun rights supporters.One of the most vital and polarizing debates in American society today concerns the Second Amendment of the Constitution and the rights of citizens to bear arms. The core argument of gun advocates like the National Rifle Association is that the ... Read more

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  • Hate Speech and Democratic Citizenship

    by Eric Heinze ...
    Most modern democracies punish hate speech. Less freedom for some, they claim, guarantees greater freedom for others. Heinze rejects that approach, arguing that democracies have better ways of combatting violence and discrimination against vulnerable groups without having to censor speakers. Critiquing dominant free speech theories, Heinze explains that free expression must be safeguarded not just ... Read more

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  • Democratic Dialogue and the Constitution

    Constitutions divide into those that provide for a constitutionally protected set of rights, where courts can strike down legislation, and those where rights are protected predominantly by parliament, where courts can interpret legislation to protect rights, but cannot strike down legislation. The UK's Human Rights Act 1998 is regarded as an example of a commonwealth model of rights protections. ... Read more

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    This book considers the phenomenon of soft law employed by domestic public authorities. Lawyers have long understood that public authorities are able to issue certain communications in a way that causes them to be treated like law, even though these are neither legislation nor subordinate legislation. Importantly for soft law as a regulatory tool, people tend to treat soft law as binding even ... Read more

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  • Constitutions and Religious Freedom

    Series series Comparative Constitutional Law and Policy
    Many of us take for granted the idea that the right to religious freedom should be protected in a free, democratic polity. This book challenges whether the protection and privilege of religious belief and identity should be prioritized over any other right. By studying the effects of constitutional promises of religious freedom and establishment clauses, Frank B. Cross sets the stage for a set of ... Read more

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  • Affirmative Action Policies and Judicial Review Worldwide

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    This book discusses affirmative action or positive discrimination, defined as measures awarding privileges to certain groups that have historically suffered discrimination or have been underrepresented in specific social sectors. The book’s underlying rationale is that one cannot place at the same starting point people who have been treated differently in the past because in this way one merely ... Read more

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  • The Supreme Court and Religion in American Life, Vol. 1

    The Odyssey of the Religion Clauses

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    School vouchers. The Pledge of Allegiance. The ban on government grants for theology students. The abundance of church and state issues brought before the Supreme Court in recent years underscores an incontrovertible truth in the American legal system: the relationship between the state and religion in this country is still fluid and changing.This, the first of two volumes by historian and legal ... Read more

    $122.31 AUD